99-028 RESOLUTION NO. 99-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING THE REQUEST TO
ALLOW A VARIANCE OF ONE (1) PARKING SPACE TO
PERMIT NINETEEN (19) OFF-STREET PARKING SPACES
WHERE TWENTY (20) PARKING SPACES ARE REQUIRED;
DENYING THE REQUEST TO ALLOW TWO (2) GAS
STATION CANOPY SIGNS, EACH SEVEN AND ONE-HALF
(7.5) SQUARE FEET IN AREA, WHERE THE CITY'S SIGN
ORDINANCE ALLOWS ONE (1) COMPANY LOGO SIGN NOT
TO EXCEED FOUR (4) SQUARE FEET ON EACH SIDE OF A
GASOLINE STATION CANOPY; GRANTING APPROVALOF
ONE (1) OF THE THREE (3) PROPOSED ALUMINUM SIGNS;
GRANTING APPROVAL OF THREE (3) OF THE TEN (10)
PROPOSED DIRECTIONAL SIGNS FOR PROPERTY
LOCATED AT 19055 BISCAYNE BOULEVARD AND
LEGALLY DESCRIBED IN EXHIBIT #1; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, Car Wash II, Inc. (Simoniz Car Wash), through
Applications No. 01 -SV-99 and 06-VAR-99, is requesting the following:
1. A variance of one (1) parking space on the site to permit 19 off-street parking
spaces where 20 parking spaces are required; and
2. A sign variance to allow two gas station canopy signs, each seven and one-half
(7.5) square feet in area, where the City's Sign Ordinance allows one (1) company
logo sign not to exceed four (4) square feet on each side of a gasoline station
canopy; and
3. A sign variance to allow three (3) aluminum pan signs, totaling eighty (80) square
feet in area, to be attached to the underside of a fabric-covered awning structure,
Resolution No. 99-28
Page 2
where no signs placed on awnings, shades, canvas or other similar structures are
allowed by code; and
4. A sign variance to allow ten (10) directional signs, each two and one-half (2.5)
square feet in area and thirty (30) inches in height; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 06-VAR-99, requesting variance of one (1) parking
space on the site to permit 19 off-street parking spaces where 20 parking spaces are
required on property legally described as:
SEE ATTACHED EXHIBIT #1
A/K/A
19055 BISCAYNE BOULEVARD
AVENTURA, FLORIDA
is hereby approved, subject to conditions as outlined herein.
Section 2. Application No. 01-SV-99, requesting a sign variance to allow two
gas station canopy signs, each seven and one-half (7.5) square feet in area, where the
City's Sign Ordinance allows one (1) company logo sign not to exceed four (4) square
feet on each side of a gasoline station canopy is hereby denied.
Resolution No. 99-28
Page 3
Section 3. Application No. 01-SV-99, requesting a sign variance to allow three
(3) aluminum pan signs, totaling eighty (80) square feet in area, to be attached to the
underside of a fabric-covered awning structure, where no signs placed on awnings,
shades, canvas or other similar structures are allowed by code, is hereby granted, to
allow only one (1) of the three (3) proposed aluminum signs. The one (1)
recommended sign, size not to exceed 27 square feet, shall be attached with quick-
release fittings to allow rapid detachment in the event of hurricane or other high wind
warnings.
Section 4. Application No. 01-SV-99, requesting a sign variance to allow ten
(10) directional signs, each two and one-half (2.5) square feet in area and thirty (30)
inches in height, is hereby granted to allow only three (3) of the ten (10) directional
signs (Signs #7 "Car Wash/10 Min. Oil Change", one sign; #9 "Cashier", one sign; and
#12 "Car Wash/10 Min. Oil Change", one sign) none of which are located on the
perimeter of the site, all approvals subject to conditions as follows:
1. Except as amended above, plans shall substantially comply with those submitted as
follows:
· "Site Plan for Signage Relocation: Simonize Carwash/Gas Station,~' prepared by
Crain Engineering Company, Inc., one sheet page A-l, dated April 22, 1999,
signed and sealed April 20, 1999
· "Simonize Plat Plan" as prepared by ARTEffects, dated March 10, 1999,
stamped as received March 30, 1999.
Resolution No. 99-28
Page 4
2. The applicant shall obtain building permits within twelve (12) months of the date of
the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission.
3. The parking variance approval shall be terminated in the event that the City
Manager determines that the variance has created and/or is creating a nuisance to
the community. If the parking space is required to be added back to the
development, City staff and the applicant shall determine where the one (1) parking
space shall be added.
Section ,~. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger absent
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen no
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder absent
Resolution No. 90-28
Page 5
PASSED AND ADOPTED this 6th day of July, 1999.
,~,RTHUR I.~NYDE~ MAYOR
ATTEST:
TERESA M. S'oR~)KA, CMC-/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ~ day of < u~i¥ , 1999.
CITY CLERK /
LEGAL DESCRIPTION
A portion of the Northeast ¼ of the Northwest ~ of the Southwest % of
Section 3, Township 52 South, Range 42 East, Dade County, Florida,
described as follows:
Commence at the Northwest corner of the Northeast % of the Southwest
% of said Section 3; thence east along the North line of said Section 3 for
124.55 feet; thence South 00 degrees 20 minutes 40 seconds West for
35.00 feet to the point of beginning of the hereinafter described parcel,
said point also being on the South right-of-way line of Northeast 191st
Street; thence east for 296.24 feet; thence South 00 degrees 57 minutes
30 seconds east for 175.00 feet; thence West for 300.22 feet to a point on
the east right-of-way line of State Road 5 (Federal Highway) (U.S. 1);
thence North 00 degrees 20 minutes 40 seconds East along the east right-
of-way line of said State Road 5 (Federal Highway) (U.S. 1) for 174.97
feet to the point of beginning. Less and except the external area formed by
a 25.00-foot radius curve at the Northwest corner of the above described
property. Said curve being tangent to the North line and to the West line of
said property.
EXHIBIT #1